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FEDERAL DEPOSIT INS. CORP. v. AETNA CASUALTY & SURETY CO.

No. 27254.

426 F.2d 729 (1970)

FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver of the First National Bank of Marlin, Marlin, Texas, Plaintiff-Appellee, v. The AETNA CASUALTY AND SURETY COMPANY, the Travelers Indemnity Company, and United States Fidelity and Guaranty Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied July 30, 1970.

Attorney(s) appearing for the Case

R. T. Bailey, James A. Williams, Bailey, Williams, Weber & Allums, James A. Knox, Dallas, Tex., Elmer W. Beasley, Hartford, Conn., Cullen Smith, Waco, Tex., for defendants-appellants.

Frank L. Skillern, Jr., Royal H. Brin, Jr., Dallas, Tex., Douglas Boyd, Waco, Tex., John J. Slocum, Leslie Fisher, Federal Deposit Ins. Corp., Washington, D. C., James W. Duvall, Federal Deposit Ins. Corp., Marlin, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied July 30, 1970.

LEWIS R. MORGAN, Circuit Judge.

This is an appeal from a judgment for the plaintiff, Federal Deposit Insurance Corporation (hereinafter, the FDIC), rendered by the District Court for the Northern District of Texas, sitting without a jury, in an action seeking indemnity under two banker's blanket employee fidelity bonds and an excess bank employee dishonesty bond (hereinafter, the bonds) which were...

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